- 38 - restructure the debt. The State of North Dakota intervened, urging delay of the foreclosure sale and citing adverse economic impacts from closing the plant. By order dated May 8, 1986, the District Court denied the partnership’s motion for a period of equitable redemption, concluding that it lacked authority to grant such relief where the order of foreclosure had already been entered. The District Court also noted that the partnership and the partners “talk of ‘redemption’, but it is apparent that ‘re-negotiation’ would be a more accurate description”. Nevertheless, the District Court postponed the foreclosure sale date from May 28 to June 30, 1986, to permit the notice of sale to be republished with corrected property descriptions. The June 30, 1986, Foreclosure Sale On June 30, 1986, the foreclosure sale was held. The lone bidder was DOE, which bid $1 billion for the partnership’s mortgaged assets.19 The U.S. Marshal filed with the District Court a Marshal’s Return and Report of Sale and a Certificate 19 As discussed in more detail infra, certain assets necessary for operating the project were not among the partnership’s mortgaged assets but were instead owned by ANG (the subsidiary of ANRC, which also owned ANR, a general partner in the partnership). As a precondition for the loan guarantee agreement, DOE had required ANRC to pledge as security all its ANG stock. Petitioner asserts, and respondent does not dispute, that DOE purposefully bid less than the full amount of the $1.57 billion debt, intending subsequently to use the balance of the debt to obtain the ANG stock.Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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